Henry L. Doherty & Co. v. Rice
U.S. Circuit Court for the District of Middle Alabama
Suit by Henry D. Doherty & Co. against Alex. Rice and others. This is a suit in equity for the specific performance of a contract for the sale of corpornte stock having no market rating.
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Suit by Henry D. Doherty & Co. against Alex. Rice and others. This is a suit in equity for the specific performance of a contract for the sale of corpornte stock having no market rating. In May, 1910, the defendant Rice, of the city of Montgomery, contracted with Henry R. Doherty & Co., of the city of New York, to sell and deliver to the latter 800 out of a total outstanding 1,000 shares of the capital stock of the Citizens’ Eight, I-Ieat & Power Company, which he in the contract represented were owned or controlled by him, with power of sale. The price agreed upon was on the basis of $75,000…
1Opinion of the CourtJones, District Judge
(after stating the facts as above). While the affidavits submitted on this hearing cover a wide range, and counsel have earnestly and ably urged'many legal principles on the issues thus raised, the refusal or granting of a preliminary injunction depends upon two controlling questions: First, whether Rice’s contract with complainants is such an one as a court of equity can and ought to enforce by decreeing specific performance; and, second, how far, if specific performance be allowed, can the court properly go for the relief of complainants, in view of the quasi public nature of the two…
2Cases cited13 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Carpenter's EstateSupreme Court of Pennsylvania · 1895
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3Cited by17 opinions
- Boozer v. BlakeSupreme Court of Alabama · 1944
- Brown v. McLanahanCourt of Appeals for the Fourth Circuit · 1945
- Jarvis v. Boatmen's National Bank of St. LouisSupreme Court of Missouri · 1972
- Sullivan v. MosnerCourt of Appeals of Maryland · 1972
- First National Bank v. Corporation Securities Co.Supreme Court of Minnesota · 1915
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